£100,000 Compensation for Fibromyalgia after Accident at Work

Posted on: 5 mins read
Last updated:
Elizabeth Royall

Solicitor, Personal Injury

Share Article:

An Accident at Work Claim Case Study - Client Situation

We helped a woman who was diagnosed with Fibromyalgia after hurting her back in an Accident at Work.

Ms R was working as a catering assistant when she slipped on an icy wooden step. She managed to stop herself from falling, but in doing so, she twisted her back and suffered a soft tissue injury.

Our client was left feeling shocked and shaken by the accident, and she suffered neck and back pain, which became more noticeable later that evening. Her symptoms gradually got worse, so she went to see her GP.

Unfortunately, the pain spread into her knees and ankles, and she found it increasingly difficult to stand, walk, hold her head up and drive. Ms R also started showing symptoms of Irritable Bowel Syndrome (IBS).

She was eventually diagnosed with Fibromyalgia and Neuropathic pain, which meant she had to take some time off work.

Ms R tried to return to her job but had to stop working in the end because of the Chronic Pain she was experiencing. She also suffered psychological problems, including depression and anxiety, as she struggled to deal with losing her job and managing the pain.

Eventually, she was able to access Cognitive Behavioural Therapy (CBT) to help with her psychological symptoms, and she was referred to a pain clinic so a multi-disciplinary team could help manage her Fibromyalgia.

Ms R contacted our specialist Personal Injury Solicitors for a free claims assessment, and after hearing her story, we were sure she had a strong claim for compensation, so we agreed to help her claim on a No Win, No Fee basis.

We were able to provide her with thorough and helpful legal advice, making sure that she was ready to go through the process of making a claim for compensation. We also wanted to make sure that we fully understood her situation, so we took her through some detailed questions, in a confidential and friendly environment.

We looked through her case and noted the massive impact the accident had had on Ms R’s life and her physical and mental health, which was a big part of the claim. We wanted to make sure we fully understood the situation, as we do with all our cases, before proceeding.

TrustpilotStarsWe're ratedExcellent

How We Helped

We approached Ms R’s employers and said they were responsible for maintaining the step that she’d slipped on. We argued that the step was in poor condition and should have been inspected and fixed.

In addition, we stated that the company should have taken account of the cold icy conditions and gritted the step to prevent her falling. They denied responsibility for the accident at first, saying she should have known the steps were dangerous and taken more care.

Nevertheless, we continued our arguments and pressed them to disclose their inspection and maintenance records and risk assessment. They didn’t respond on time and so we had to threaten issuing Court proceedings against them. As a result of the arguments we raised, the company did eventually admit fault for the accident.

We instructed a team of medical experts to examine Ms R, including a consultant in pain medicine, a neurosurgeon and a psychiatrist. The pain consultant concluded that our client was suffering from Fibromyalgia as a direct result of the accident.

The neurosurgeon, meanwhile, examined our client’s scans and x-rays and determined she was suffering from some degenerative changes in her spine. The symptoms had been brought forward because of her injury, and she was experiencing them five years earlier than she would have done had it not been for the accident.

He fully accepted the diagnosis of Fibromyalgia caused by the accident at work and felt that the condition had also made the back pain much worse.

The psychiatrist diagnosed that our client had suffered anxiety and depression because of the accident but that her symptoms had resolved thanks to the psychological treatment she’d had.

The experts were optimistic that with further treatment, Ms R should be able to find a new job which was less physically demanding.

We also assessed the financial impact of Ms R’s accident so this could be included in our claim, which included loss of earnings, treatment costs, travel expenses and the cost of care and assistance.

It was great to hear that, with the help of therapy, Ms R was able to resolve her symptoms of depression and anxiety, meaning she was able to mentally move on with her life. She was able to begin her journey of healing mentally from this difficult and traumatising accident and the effects it’s had on her life, which is certainly a step in the right direction.

 

The Outcome

Ms R was awarded £100,000 in compensation, following negotiations with the Defendants in a Joint Settlement Meeting.

The settlement meeting was welcomed by Ms R, as it meant we could settle the case in a less formal environment and avoid the stress of having to go to Court. This approach also meant the case could be settled more quickly.

Everyone involved in this case was pleased with the outcome. We felt that it accurately reflected the mental and physical damage that Ms R had sustained, at the hands of her employer. After the hard work and effort we had put into the claim, this compensation was a very good result.

Our Personal Injury Solicitors always try and make things as accessible as possible regardless of legal knowledge, which we did in the case of Ms R. We answered any questions she had about the process, so that she understood what was happening, without having the added stress of confusion and misunderstandings.

Also, by making sure that the claim was settled outside of Court, we were able to relieve Ms R of a significant amount of stress, which is a good example of how hard we work to ensure that our clients feel as safe and comfortable as possible throughout the process.

Overall, we were really happy with the compensation Ms R was given, feeling it reflected what had happened to her and the long-lasting effects it had had on her mental and physical health.

Our clients rate us asExcellentStars4.5 out of 5 based off 2647 reviewsTrustpilot

Elizabeth Royall

Solicitor, Personal Injury

Elizabeth is a solicitor working within our Serious Injury team, based in our Manchester office. She specialises in helping people who have been involved in a variety of accidents such as accidents at work, accidents in public places and road traffic accidents.

She has achieved compensation for people who have sustained a wide range of injuries from accidents that were not their fault, such as soft tissue injuries, fractures, amputations and multiple injuries.

References

NHS. (n.d.). Fibromyalgia. Retrieved from https://www.nhs.uk/conditions/fibromyalgia/

National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS). (n.d.). Fibromyalgia. Retrieved from https://www.niams.nih.gov/health-topics/fibromyalgia

Mayo Clinic. (n.d.). Fibromyalgia: Symptoms & Causes. Retrieved from https://www.mayoclinic.org/diseases-conditions/fibromyalgia/symptoms-causes/syc-20354780

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose